Hogan v. Devlin
New York Court of Common Pleas
Appeal by the defendant from a judgment of the Seventh District Court. The action was brought to recover $147, to which the defendant interposed a defense, and presented to the justice an undertaking, and a draft of an order to remove the cause to the Court of Common Pleas, pursuant to the provisions of sec. 3, chap. 344, Laws of 1857, p. 707. The justice retained the papers, without either approving or disapproving of the same.
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Appeal by the defendant from a judgment of the Seventh District Court. The action was brought to recover $147, to which the defendant interposed a defense, and presented to the justice an undertaking, and a draft of an order to remove the cause to the Court of Common Pleas, pursuant to the provisions of sec. 3, chap. 344, Laws of 1857, p. 707. The justice retained the papers, without either approving or disapproving of the same. The next day the case was called, the defendant’s counsel was absent, but a lad stated that the undertaking had been left with the court. The justice then announced…
1Opinion of the Court
By the Court.—Brady, J.
The defendant, desiring to remove this action to this court, caused to be prepared and executed the prescribed undertaking, which was presented to the justice for his approval, on the day prior to that to which the action had been adjourned. He accepted and retained it, but did not examine it at the time he received it. On the following day, when the cause was called, the plaintiff moved to amend, by decreasing the amount claimed to less than $100, and the justice, without approving or disapproving the undertaking, and disregarding it, allowed the amendment, and refused…
2Cases cited1 opinion
- Tompkins v. SandsNew York Supreme Court · 1832
3Cited by9 opinions
- Board of Commissioners v. BensonIndiana Supreme Court · 1882
- Krahner v. HeilmanNew York Court of Common Pleas · 1890
- Warren v. CampbellNew York Court of Common Pleas · 1891
- Tuttle v. GalliganAppellate Terms of the Supreme Court of New York · 1898
- People ex rel. Metropolitan Street Railway Co. v. RoeschNew York Supreme Court · 1899
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